The defense lawyer of former judge Manuel Penalva and former prosecutor Miguel Ángel Subirán, who are being tried for alleged irregularities in the instruction of the so-called Cursach case, has defended this morning that it was "essential" to get the imputation of their clients to "serve as a lever of help and help" in the case against Bartolomé Tolo Cursach, Mallorca's biggest nightlife entrepreneur, was acquitted after the prosecution dropped all charges. "We had to sink this case to serve as a lever for another and for that we had to lie and violate what was necessary," stressed the lawyer during the hearing in the courts of Sa Gerreria de Palma. The lawyer Javier Barinaga has pointed directly to the prosecutor who took up the case and annulled the accusations: Tomás Herranz, absent from the room.
Six of the officials who investigated the Cursach case have been sitting in the dock since last June in a case that is being tried by the civil and criminal chamber of the Superior Court of Justice of the Balearic Islands. The former judge Penalva faces a sentence of 118 years in prison for a crime of revealing secrets, 15 crimes of illegal detention, two of obstruction of justice and two of judicial prevarication, while the prosecution claims for the former prosecutor They will rise 121 years for the same crimes. For the four National Police officers, the sentences requested range from 83 to 110 years in prison for a string of similar crimes. The process faces its final stretch and is scheduled to end this Friday with the pending reports and the turn of last word for the accused.
The prosecutor who accuses the investigators of the 'Cursach case': "They encouraged each other and none dared to antagonize judge and prosecutor"
The lawyer Javier Barinaga has started his intervention alluding to the report of the prosecutor Tomás Herranz, who has not attended the session to be participating in a preview for a piece derived from the Cursach case, which was held in the Provincial Court. "I'm not going to talk about Don Quixote, or Aristotle, or I'm going to do a thesis on psychology or psychiatry," he said in reference to his speech. The defender has been harsh with the role of the current prosecutor Herranz, whom he has accused of basing his accusations on hatred. "Here what is in the accusations, and I am not talking about the lawyers, is hatred. All their actions are based on pure hatred, the worst of crimes." Barinaga has defended his thesis that an attempt has been made to throw away the investigation of Penalva and Subarán with "the absolute emptying" of several pieces to serve "as a lever of relief and help in the Cursach case." He has pointed to the role of the prosecutor, whom he has held responsible for withdrawing evidence and accusations just before the start of the trial of the Cursach case knowing that the accusations, legally restricted, had adhered to his brief. "Palma has to know what has happened in that case. This case was necessary to empty that, that's the truth," he stressed.
For the defense of the former judge and the former prosecutor, the acquittal of their clients has to come by the declaration of nullity of much of the evidence. And it is that the lawyer considers that the entire investigation against Penalva and Subirán is null because it comes from a list of calls that was obtained from the mobile phones of two journalists, whose seizure was considered illegal in two sentences. The inspectors of the National Police who led the investigation against the former judge and the former prosecutor focused on one of the agents of the money laundering group now prosecuted, because his number appeared on those call lists. "That is what determines that this agent is investigated, a fact obtained from the lists of journalists who were declared illegal," he said.
Barinaga has also questioned the irregularity of the seizure of the accused agent's phone, since his lawyer was not present when he handed over the keys to the mobile device. The same has been alleged in the case of the phone of another of the agents, in which many of the chats in which the defendants talked about the cause were found. "There is no seal record of this agent's phone, it is that not even in the films of Torrente. The sole purpose of his arrest was to seize the mobile, is that those who do it do not even take questions and have to call Palma when the agent says she is willing to answer. " The lawyer has also questioned the validity of these WhatsApp messages, considering that the chats in which the conversations take place "are an editable medium" and allow to eliminate words that can change the context of an entire conversation.
The lawyer has reviewed the procedure of the inspectors of the National Police who prepared the charges against Penalva and Subirán, whom he has accused of hiding "deliberately" that the documentation of a good part of the documents they drafted came from the accusations themselves, and has also justified the arrests in the framework of the ORA case, a derivative piece that investigated the alleged rigging of the tender for the award of the limited parking service of Palma, and that the private accusations consider illegal in many cases. "We have not stopped a 'mete saca' without the presence of a lawyer. Everyone, everyone, everyone, all the detainees have had the presence of a lawyer from minute one, everyone is read their rights and they know why they are there, "insisted the lawyer, who has defended that there were "well-founded suspicions" of a possible rigging of the public contest of the ORA.
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